Aeghiscorp Maritime Ventures LLP– Service Terms

 

This page (together with any other documents referred to on it) appraises you of the service terms and conditions  of use (hereinafter referred to as “Service Terms”) on which you may make use of our service(s). Please read the Service Terms carefully before you request our service(s). Should you request our service(s), you are deemed to have accepted the Service Terms and that you agree to abide by them.

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1. Terms of Use

1.1 By accessing this page on our website and/or providing an Appointment confirmation you are deemed to have agreed to comply with and be bound by the Service Terms which shall also govern our relationship with you in relation to our appointment.

 

1.2 We reserve the right to change any of the Service Terms from time to time without any prior notice. Any change will become effective immediately upon posting to this website. By continuing to use this website, you agree to accept any such change.

 

2. Site content

2.1 The content of the pages of this website is for your general information and use only.

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2.2 We reserve the right to suspend, withdraw or change this website at any time without prior notice.

 

2.3 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

 

2.4 Your use of any information, materials or other content on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, service(s) or information available through this website meet your specific requirements.

 

2.5 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information, materials and other content found or offered on this website for any particular purpose. You acknowledge that such information, materials or content may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

3. Definitions

3.1 “Client” means any party at whose request or on whose behalf the Firm undertakes any Service(s) and/or appoints a “Contractor” or “Sub-contractor” to perform the Service requested by the Client;

 

3.2 “Contractor” or “Sub-contractor” is the party appointed by the Firm to perform the service(s) requested by the Client;

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3.3 “Disbursements” means all reasonable costs necessary for the proper fulfilment of the Service provided by the Firm/Contractor or Sub-contractor to the Client: photos, drawings, diagrams, sketches, office expenses including but not limited to court fees, notary fees, photocopies, scanning, telephone, fax, e-mail, postal, special courier, travel expenses, meals and hotel accommodation.

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3.4 “Employee” means any employee currently employed by the Firm.

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3.5 “Fees” means the fees charged by the “Firm” to the “Client” for the service rendered.

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3.6 “Firm” means “Aeghiscorp Maritime Ventures LLP”, with registration number AAH 1727, having its office at 712, Raikar Chambers, Opposite Neelkanth apartments, Govandi (east), Mumbai 400088, India.

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3.7 “Partner(s)” means the current designated partner(s) of the Firm.

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3.8 “Report” means any preliminary and/or final report supplied by the Firm/Contractor or sub-contractor in connection with the appointment received from the Client.

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3.9 “Service(s)” means any service(s) provided to a client by the firm, in relation to any nature of job, advice, consultancy, assistance or appointment of the firm by the client in any manner.

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3.10 “Ship” means any ship, boat, hydrofoil, hovercraft or other description of vessel or structure (including a lighter, barge or similar vessel or structure under construction howsoever propelled, but excluding (a) a unit or vessel constructed or adapted for the purpose of carrying out drilling operations in connection with oil and gas exploration or production and (b) a fixed platform or fixed rig), used or intended to be used for any purpose whatsoever in navigation or otherwise on, under, over or in water or any part thereof or any proportion of the tonnage thereof or any share therein.

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3.11 “Taxes” means the compulsory taxes levied as per Indian law at the applicable rates from time to time.

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4. General

4.1 Any appointment accepted by Aeghiscorp Maritime Ventures LLP (hereinafter referred to as “AMV”), having it’s present office at 712, Raikar Chambers, Opposite Neelkanth apartments, Govandi (east), Mumbai 400088. (the “Appointment Confirmation”) shall be on the basis of the Service terms and constitute the entire terms between the Client and AMV, inclusive of its partners, employees, network & associate offices, representatives and sub-contractors, unless expressly agreed in writing, otherwise.

 

4.2 By instructing and continuing to deal with AMV in connection with any matter where AMV is acting on the Client’s behalf, the Client is deemed to have read, understood and agreed to these Service Terms. If you are an intermediary or agent instructing AMV on behalf of Principals, you undertake to bring these conditions to the attention of your Principals and procure their acknowledgment and agreement to these conditions.

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5. Scope of Work

5.1 AMV will provide the Service(s) required as per the Client’s instructions as stated and confirmed in the “Appointment Confirmation Advice” or as advised verbally or by email from time to time.

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5.2 AMV will not vary the scope of the Service(s) stated and confirmed in the “Appointment Confirmation Advice”, unless, instructed to do so by the Client or in AMV’s professional judgment the circumstances of the attendance require an immediate variation to meet the required objective.

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6. Performance and Access

6.1 AMV will provide the Service(s) agreed upon and will endeavour to exercise reasonable diligence at all times.

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6.2 All technical reports will be produced by surveyors and/or sub-contractors and transmitted to the Client by AMV, through its partner and/or its employees.

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6.3 AMV shall be entitled to engage any sub-contractors as may be considered necessary to perform the Service(s), without any prior notice/reference to the Client.

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6.4 The Client will procure all necessary access for AMV’s inspection of the goods, premises, ships, installations etc. and will ensure that all appropriate measures are taken to provide safe and secure working conditions during such inspection, inclusive of gas freeing and safe entry testing.

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6.5 AMV will not be responsible for the consequences of the Client’s late, incomplete, inadequate, inaccurate or ambiguous instructions or the unavailability of any vessel or inaccessibility to any part of a vessel or survey site, howsoever occurring, and the Client shall be responsible for any additional attendance charges so incurred.

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7. Charges (Fees and Disbursements) and Payment Terms

7.1 Attendance, both on site and for work conducted at AMV’s office, will be charged according to the current hourly or daily rate as may be agreed from time to time. Disbursements will be invoiced at cost. Office disbursements will be charged at actual cost.

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7.2 AMV will provide an itemized breakdown of fees and disbursements except in cases wherein a fixed lumpsum fee has been agreed upon by both the parties in advance.

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7.3 AMV reserves the right to request payment on account prior to attendance.

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7.4 All invoices are due for payment immediately upon presentation, unless otherwise agreed by AMV in writing.

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7.5 All remittances to AMV shall be net of any and all bank charges, failing which any deductions in respect of bank charges will be carried forward to a subsequent invoice.

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7.6 If an invoice has not been paid by the due date, AMV reserves the right to charge monthly interest at 2% p.a. AMV reserves the right to withhold all the reports until payment in full has been received into its nominated account. Copyright of all such reports and associated correspondence will remain with AMV until payment, in full is received by AMV.

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8. Set- Off

8.1 Without prejudice to any other provisions contained in the Service Terms, the Firm shall be entitled to set off any amount due from a Client to the Firm against any amount due to such a Client from the Firm.

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8.2 No claim of any nature whatsoever by a Client against the Firm shall constitute any set-off against any other sums of any nature whatsoever due to the Firm, nor shall any such claim entitle the Client to withhold or delay payment to the Firm at any time.

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9. Liability and Disclaimers

9.1. Any report or advice produced under these service terms is intended solely for the use of the Client.

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9.2 All reports which include AMV’s written assessment of the market value of a vessel, cargo or other goods or chattels may only be construed as an expression of the attending surveyor’s professional opinion.

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9.3 While all reasonable efforts will be made to ensure accuracy in respect of the observations and opinions expressed in AMV’s/ the surveyor’s reports and advice, such observations and opinions are provided without warranty, and neither AMV nor any of its partners, employees, network offices, representatives or sub-contractors shall in any circumstances be liable to any person whatsoever and howsoever arising for any act, omission or default in connection with any report’s preparation and issuance. By proceeding with the Appointment Confirmation Advice, the Client hereby agrees that under no circumstances shall AMV’s liability under tort and/or contract and/or negligence whatsoever or howsoever arising, shall exceed any two (2) times the fee paid or due from the Client for the agreed or US dollars three thousand (US$3,000), whichever is lesser, inclusive of interest and costs. Provided always that any such payment in damages shall only be consequent upon a final and non-appealable judgement by a competent court or tribunal or as agreed between the parties and endorsed by AMV’s professional liability insurers.

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9.4 AMV shall not be liable for any damage or loss to the Client if caused by a AMV employee, network office, representative or sub-contractor during the commission of a criminal act or by way of wilful default or recklessly and with intent to cause loss and any such activity shall not be construed as being an act performed within the scope of such persons employment with or engagement by AMV.

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9.5 In respect of any claim arising out of the Service Terms, if formal proceedings have not been commenced by the Client within twelve (12) months after becoming aware of the circumstances giving rise to the claim, then any such claim shall be extinguished, and time barred absolutely.

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9.6 AMV shall have no liability to the client if it is prevented from, or delayed in performing, its obligations under the contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of AMV or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers and/or subcontractors.

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10. Conflict of Interest

Should a potential conflict of interest arise, AMV will, as soon as it becomes aware of the situation, advise all parties immediately and will assist in facilitating an alternative service appointment.

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11. Severability

The Service Terms are severable and if any particular provision is held to be invalid or unenforceable by any court or tribunal of competent jurisdiction, then this shall not affect the validity or enforceability of the remaining provisions.

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12. Law & Jurisdiction

Any dispute arising out of or in connection with the Service(s) agreed shall be addressed as follows:

12.1 The parties shall be bound to first proceed to mediation in India or at any other place agreed by the parties consensually.

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12.2 In the event that the mediation is unsuccessful, the matter shall be referred to arbitration in Mumbai in accordance with Indian laws and as per the Arbitration and Conciliation Act 1996. The Rules of the Indian Council of Arbitration shall apply and the award made in pursuance thereof shall be binding on the parties. The arbitration shall be conducted in the English language and the seat of Arbitration will be Mumbai.

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12.3 For the purposes of cl.12.2, the courts at Mumbai shall have exclusive jurisdiction.

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13. Destruction and Retention of documents:

At the conclusion of a matter AMV will review the case and may discard any unnecessary additional copies of documents, then retain the balance of the file and store it for their own further reference at their own expense. AMV shall reserve the right, subject to the Clients written contrary direction, to retain files for only three years from the completion of the matter. If the Client wishes the disposition of files to be handled in a different manner, AMV must be informed in writing.

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14. Anti-Bribery and Corruption Policy

14.1 AMV is committed to carrying out business fairly, honestly and openly and has a zero-tolerance approach to bribery and corruption. AMV prohibits the offer, promise, giving, solicitation or acceptance of any bribe, whether a financial or other advantage to any person or firm or public official in order to illegally or unethically obtain or retain business or an advantage in the conduct of business, or gain a financial or other advantage for AMV including associated, affiliated and subsidiary companies or for any individual or any person or firm connected with that individual.

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14.2 All persons who act on business for AMV must adhere to this policy and have similar policies in place.

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15. Intellectual property

15.1 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics of the website. Reproduction is prohibited other than in accordance with clause below.

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15.2 You may print or download extracts of this website for personal, non-commercial use only. If you wish to download or print extracts of this site for distribution to third parties, you may do use provided that:

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15.2.1 AMV is acknowledged as the source of the materials;

 

15.2.2 The third party must be advised that the Service Terms apply and they must comply with them; and

 

15.2.3 The material must be provided free of charge.

 

15.3 All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.

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END OF TERMS

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